Page:NCGLE v Minister of Justice.djvu/10



Rh person is found guilty of certain offences or commits certain acts listed in the Schedule to such Act. The offence of sodomy is listed in such schedule. The effect of the inclusion of the offence of sodomy in the Security Officers Act Schedule is the following:

Although the constitutionality of the common law offence of sodomy is not directly before us, a finding of constitutional invalidity is an indispensable and unavoidable step in concluding that the provisions referred to in paragraphs (4) and (5) of the order are constitutionally invalid. In this indirect sense the correctness or otherwise of the High Court’s finding regarding the offence of sodomy is before this Court and has to be decided.

Before dealing with the judgment in the High Court it is convenient to quote the Rh